Indiana 2025 Regular Session

Indiana Senate Bill SB0336 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 SENATE BILL No. 336
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-24-7; IC 20-25.7-5-3; IC 20-26-7.1-1;
77 IC 20-29; IC 20-40; IC 20-46.
88 Synopsis: Property tax revenue shared with charter schools. Removes
99 and repeals provisions that require school corporations located in
1010 certain counties to share operations fund property tax levy, operating
1111 referendum tax levy, and school safety referendum tax levy funds with
1212 charter schools. Makes conforming changes.
1313 Effective: January 1, 2026.
1414 Spencer
1515 January 13, 2025, read first time and referred to Committee on Education and Career
1616 Development.
1717 2025 IN 336—LS 6781/DI 110 Introduced
1818 First Regular Session of the 124th General Assembly (2025)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2024 Regular Session of the General Assembly.
2828 SENATE BILL No. 336
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 education.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
3333 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3434 3 JANUARY 1, 2026]: Sec. 6. (a) With the approval of a majority of the
3535 4 members of the governing body, a school corporation may distribute a
3636 5 proportionate share of the school corporation's operations fund to a
3737 6 charter school. A charter school may elect to distribute a proportionate
3838 7 share of the charter school's operations fund to the school corporation
3939 8 in whose district the charter school is located.
4040 9 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, A
4141 10 governing body may distribute money that is received as part of a tax
4242 11 levy collected under IC 20-46-1 from the school corporation's
4343 12 education fund to a charter school, excluding a virtual charter school,
4444 13 in the manner provided by IC 20-46-1-8(e). IC 20-46-1-8(d).
4545 14 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, A
4646 15 governing body may distribute money from the school safety
4747 16 referendum tax levy fund to a charter school, excluding a virtual
4848 17 charter school, in the manner prescribed by IC 20-46-9-6(b).
4949 2025 IN 336—LS 6781/DI 110 2
5050 1 SECTION 2. IC 20-24-7-6.1 IS REPEALED [EFFECTIVE
5151 2 JANUARY 1, 2026]. Sec. 6.1. (a) This section applies to revenue
5252 3 collected after June 30, 2024, from a tax levy imposed under
5353 4 IC 20-46-8 by the governing body of a school corporation described in
5454 5 IC 20-46-8-11.2(a).
5555 6 (b) Beginning in calendar year 2025, and each year thereafter, the
5656 7 county auditor shall distribute money that is received as part of a tax
5757 8 levy collected under IC 20-46-8 to an eligible charter school, excluding
5858 9 a virtual charter school and adult high school, for deposit in the charter
5959 10 school's operations fund created under IC 20-40-18-1. The distributions
6060 11 shall be made at the same time that tax levy revenue is required to be
6161 12 distributed to school corporations.
6262 13 SECTION 3. IC 20-24-7-6.2 IS REPEALED [EFFECTIVE
6363 14 JANUARY 1, 2026]. Sec. 6.2. (a) This section applies to a levy
6464 15 resulting from a resolution to place a referendum on the ballot adopted
6565 16 by the governing body under IC 20-46-1-8, IC 20-46-1-8.5,
6666 17 IC 20-46-9-6, or IC 20-46-9-7 after May 10, 2023, for counties
6767 18 described in IC 20-46-1-21(a) and IC 20-46-9-22(a).
6868 19 (b) The county auditor in the county in which the applicable school
6969 20 corporation is located shall distribute money that is received as part of
7070 21 a tax levy collected under IC 20-46-1 to an applicable charter school,
7171 22 excluding a virtual charter school, in the manner provided by
7272 23 IC 20-46-1-21.
7373 24 (c) The county auditor in the county in which the applicable school
7474 25 corporation is located shall distribute money that is received as part of
7575 26 a tax levy collected under IC 20-46-9 to an applicable charter school,
7676 27 excluding a virtual charter school, in the manner prescribed by
7777 28 IC 20-46-9-22.
7878 29 (d) A charter school that may receive money from a school
7979 30 corporation's tax levy collected under IC 20-46-1 or a school safety
8080 31 referendum tax levy under IC 20-46-9 may not promote a position on
8181 32 a referendum in the same manner as a school corporation is prohibited
8282 33 from promoting a position on a referendum under IC 20-46-1-20.
8383 34 (e) If a charter school receives a distribution from a school
8484 35 corporation from the school corporation's tax levy collected under
8585 36 IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9,
8686 37 the charter school must post the following on the charter school's
8787 38 website:
8888 39 (1) The specific purposes for which the revenue received from the
8989 40 tax levy will be used.
9090 41 (2) An estimate of the annual dollar amounts that will be
9191 42 expended for each purpose described in subdivision (1).
9292 2025 IN 336—LS 6781/DI 110 3
9393 1 SECTION 4. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024,
9494 2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9595 3 JANUARY 1, 2026]: Sec. 3. (a) For as long as a charter school remains
9696 4 a participating innovation network charter school:
9797 5 (1) the school corporation may provide transportation for students
9898 6 attending the participating innovation network charter school;
9999 7 (2) the school corporation may maintain and repair the buildings
100100 8 and grounds used by the participating innovation network charter
101101 9 school consistent with the maintenance and repair to the school
102102 10 corporation's other buildings and grounds;
103103 11 (3) the school corporation may enter into an agreement to transfer
104104 12 the ownership of a school corporation facility to the organizer;
105105 13 and
106106 14 (4) the school corporation may not alter the use of the facility
107107 15 occupied by the participating innovation network charter school
108108 16 without agreement from the organizer.
109109 17 (b) If an organizer contracts with a school corporation for goods or
110110 18 services, the school corporation may not charge the organizer more for
111111 19 the goods or services than the school corporation pays for the goods or
112112 20 services. A school corporation may not require an organizer to contract
113113 21 for specific goods or services provided by the school corporation or any
114114 22 other entity.
115115 23 (c) A school corporation and an organizer may negotiate to require
116116 24 specific services with regard to a participating innovation network
117117 25 charter school during the term of an agreement. However, an organizer
118118 26 must be able to select the service provider for the services.
119119 27 (d) For as long as a charter school remains a participating
120120 28 innovation network charter school, the school corporation may
121121 29 distribute money levied as property taxes to the charter school. Property
122122 30 taxes distributed to a charter school must be used only for a purpose for
123123 31 which the property taxes could have been used by the school
124124 32 corporation. Property taxes distributed under this subsection may
125125 33 supplement services and property provided under subsection (a) or (b).
126126 34 The parties may jointly modify an agreement described in section 2 of
127127 35 this chapter to implement this subsection.
128128 36 (e) An agreement concerning the transfer of ownership of a school
129129 37 corporation facility described in subsection (a) is not subject to
130130 38 IC 20-26-7.1.
131131 39 (f) Unless an agreement entered into before July 1, 2024, between
132132 40 a board and an organizer provides otherwise, a school corporation may
133133 41 not charge an organizer an amount for goods and services that is
134134 42 greater than the amount of the operations fund property tax levy the
135135 2025 IN 336—LS 6781/DI 110 4
136136 1 organizer receives under IC 20-46-8-11.2 for the participating
137137 2 innovation network charter school.
138138 3 SECTION 5. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024,
139139 4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
140140 5 JANUARY 1, 2026]: Sec. 1. (a) For purposes of this section, "charter
141141 6 school" does not include a virtual charter school or an adult high
142142 7 school.
143143 8 (b) This chapter does not apply to the following:
144144 9 (1) A school building that since July 1, 2011, is leased or loaned
145145 10 by the school corporation that owns the school building to another
146146 11 entity, if the entity is not a building corporation or other entity that
147147 12 is related in any way to, or created by, the school corporation or
148148 13 the governing body.
149149 14 (2) A school corporation to which all of the following apply:
150150 15 (A) The county auditor distributes revenue after May 10, 2023,
151151 16 as required under IC 20-46-1-21 to each charter school
152152 17 described in IC 20-46-1-21(b).
153153 18 (B) If the school corporation listed in IC 20-46-9-22 receives
154154 19 revenue from a school safety referendum tax levy under
155155 20 IC 20-46-9, the county auditor distributes revenue after May
156156 21 10, 2023, as required under IC 20-46-9-22 to each charter
157157 22 school described in IC 20-46-9-22(b).
158158 23 The above subdivisions are intended to apply retroactively. No
159159 24 referendums or distributed revenue prior to May 10, 2023, are
160160 25 effective to provide exemption from this chapter.
161161 26 (3) (2) A school corporation to which all of the following apply:
162162 27 (A) The school corporation approves a resolution after May
163163 28 10, 2023, to impose an operating referendum tax levy under
164164 29 IC 20-46-1 after May 10, 2023, that includes sharing the
165165 30 revenue from the referendum tax levy in the amounts
166166 31 described in clause (B) with each charter school that:
167167 32 (i) a student who resides within the attendance area of the
168168 33 school corporation attends; and
169169 34 (ii) elects to participate in the referendum.
170170 35 The above subdivisions are intended to apply retroactively. No
171171 36 resolutions, referendums, or distributed revenue prior to May 10,
172172 37 2023, are effective to provide exemption from this chapter.
173173 38 (B) The amount of referendum tax levy revenue that the school
174174 39 corporation is required to share with each charter school under
175175 40 the resolution described in clause (A) is equal to the amount
176176 41 determined applying the formula under IC 20-46-1-21(d). in
177177 42 the last STEP of the following STEPS:
178178 2025 IN 336—LS 6781/DI 110 5
179179 1 STEP ONE: Determine, for each charter school, excluding
180180 2 virtual charter schools or adult high schools, that is eligible
181181 3 to receive a distribution, the number of students who
182182 4 reside within the attendance area of the school corporation
183183 5 who are currently included in the ADM of the charter
184184 6 school.
185185 7 STEP TWO: Determine the sum of:
186186 8 (A) the current ADM count for the school corporation;
187187 9 plus
188188 10 (B) total number of all students who reside within the
189189 11 attendance area of the school corporation who are
190190 12 currently included in the ADM of a charter school,
191191 13 excluding virtual charter schools or adult high schools.
192192 14 STEP THREE: Determine the result of:
193193 15 (A) the STEP ONE amount; divided by
194194 16 (B) the STEP TWO amount.
195195 17 STEP FOUR: Determine the result of:
196196 18 (A) the STEP THREE amount; multiplied by
197197 19 (B) the amount collected by the county auditor during
198198 20 the most recent installment period.
199199 21 (C) The referendum tax levy described in clause (A) is
200200 22 approved by the voters.
201201 23 (D) The school corporation distributes the amounts described
202202 24 in clause (B) to each charter school described in clause (A).
203203 25 (E) If the school corporation receives revenue from a school
204204 26 safety referendum tax levy under IC 20-46-9, the school
205205 27 corporation shares the revenue from the school safety
206206 28 referendum tax levy with each charter school that:
207207 29 (i) a student who resides within the attendance area of the
208208 30 school corporation attends; and
209209 31 (ii) elects to participate in the referendum;
210210 32 in an amount equal to the amount determined applying the
211211 33 formula under IC 20-46-9-22(d). subsection (d).
212212 34 (c) In order for any payment to a charter school to qualify as sharing
213213 35 of proceeds from a referendum for purposes of exemption from
214214 36 IC 20-26-7.1, this chapter, the referendum must have been passed with
215215 37 prior notice to voters of all amounts of referendum proceeds to be paid
216216 38 to charter schools. Any claim of exemption based on payment of
217217 39 proceeds from a referendum passed without such notice is void.
218218 40 (d) To meet the requirements under subsection (b)(2)(E), the
219219 41 school corporation must share the revenues from a school safety
220220 42 referendum tax levy with each charter school in the amount
221221 2025 IN 336—LS 6781/DI 110 6
222222 1 determined in the last STEP of the following STEPS:
223223 2 STEP ONE: Determine, for each charter school described in
224224 3 subsection (b)(2)(E), excluding virtual charter schools or adult
225225 4 high schools, the number of students who reside within the
226226 5 attendance area of the school corporation who are currently
227227 6 included in the ADM of the charter school.
228228 7 STEP TWO: Determine the sum of:
229229 8 (A) the current ADM count for the school corporation;
230230 9 plus
231231 10 (B) the total number of students who reside within the
232232 11 attendance area of the school corporation who are
233233 12 currently included in the ADM of a charter school,
234234 13 excluding virtual charter schools or adult high schools.
235235 14 STEP THREE: Determine the result of:
236236 15 (A) the STEP ONE amount; divided by
237237 16 (B) the STEP TWO amount.
238238 17 STEP FOUR: Determine the result of:
239239 18 (A) the STEP THREE amount; multiplied by
240240 19 (B) the amount collected by the county auditor during the
241241 20 most recent installment period.
242242 21 SECTION 6. IC 20-29-2-6, AS AMENDED BY P.L.189-2023,
243243 22 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
244244 23 JANUARY 1, 2026]: Sec. 6. "Deficit financing" for a budget year:
245245 24 (1) means, except as provided in subdivision (2), actual
246246 25 expenditures exceeding the employer's current year actual
247247 26 education fund revenue and, for a school employer for which the
248248 27 voters have passed an operating referendum tax levy under
249249 28 IC 20-46-1 or a school safety referendum tax levy under
250250 29 IC 20-46-9, the amount of revenue certified by the department of
251251 30 local government finance, excluding any money required to be
252252 31 distributed to a charter school under as a result of compliance
253253 32 with IC 20-46-1-21 (before its repeal) or IC 20-46-9-22 (before
254254 33 its repeal); or
255255 34 (2) means, in the case of any distressed school corporation, the
256256 35 Gary Community School Corporation, or the Muncie Community
257257 36 school corporation, actual expenditures plus additional payments
258258 37 against any outstanding debt obligations exceeding the employer's
259259 38 current year actual education fund revenue, and, for a school
260260 39 employer for which the voters have passed an operating
261261 40 referendum tax levy under IC 20-46-1 or a school safety
262262 41 referendum tax levy under IC 20-46-9, excluding any money
263263 42 required to be distributed to a charter school under as a result of
264264 2025 IN 336—LS 6781/DI 110 7
265265 1 compliance with IC 20-46-1-21 (before its repeal) or
266266 2 IC 20-46-9-22 (before its repeal), the amount of revenue
267267 3 certified by the department of local government finance.
268268 4 Except as provided in IC 20-29-6-3(c), revenue does not include money
269269 5 estimated to be or actually transferred from the school corporation's
270270 6 operations fund to its education fund.
271271 7 SECTION 7. IC 20-29-8-7, AS AMENDED BY P.L.189-2023,
272272 8 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
273273 9 JANUARY 1, 2026]: Sec. 7. (a) When a factfinder is requested or
274274 10 required under IC 20-29-6, the board shall appoint a factfinder.
275275 11 (b) The factfinder shall make an investigation and hold hearings as
276276 12 the factfinder considers necessary in connection with a dispute.
277277 13 (c) The factfinder:
278278 14 (1) may restrict the factfinder's findings to those issues that the
279279 15 factfinder determines significant;
280280 16 (2) must restrict the findings to the items listed in IC 20-29-6-4;
281281 17 and
282282 18 (3) may not impose terms beyond those proposed by the parties in
283283 19 their last, best offers.
284284 20 (d) The factfinder may use evidence furnished to the factfinder by:
285285 21 (1) the parties;
286286 22 (2) the board;
287287 23 (3) the board's staff; or
288288 24 (4) any other state agency.
289289 25 (e) The factfinder shall conduct the factfinding hearing in public in
290290 26 a room or facility owned by the county or local unit of government
291291 27 located in the county in which the school employer is located, or if the
292292 28 school employer is located in more than one (1) county, in the county
293293 29 in which the greatest number of students who attend the school
294294 30 employer's schools reside. The public hearing may begin not earlier
295295 31 than November 15 in the first year of the state budget biennium and
296296 32 must be concluded by February 15 of the calendar year after the start
297297 33 of formal collective bargaining.
298298 34 (f) The factfinding process may not exceed thirty (30) days from
299299 35 beginning to end, and not more than two (2) of those days may be used
300300 36 for public testimony, which may be taken at the discretion of the
301301 37 factfinder. During the public hearing, each party shall present fully its
302302 38 last, best offer, including the fiscal rationale for the offer. Only
303303 39 education fund revenue and, for a school employer for which the voters
304304 40 have passed an operating referendum tax levy under IC 20-46-1 or a
305305 41 school safety referendum tax levy under IC 20-46-9, the amount of
306306 42 revenue certified by the department of local government finance,
307307 2025 IN 336—LS 6781/DI 110 8
308308 1 excluding any money required to be distributed to a charter school
309309 2 under as a result of compliance with IC 20-46-1-21 (before its
310310 3 repeal) or IC 20-46-9-22 (before its repeal), may be considered a
311311 4 source of the funding for items. Money estimated to be or actually
312312 5 transferred from the school corporation's operations fund to its
313313 6 education fund may not be considered a source of funding for items.
314314 7 (g) The factfinder shall make a recommendation as to the settlement
315315 8 of the disputes over which the factfinder has jurisdiction.
316316 9 (h) The factfinder shall:
317317 10 (1) make the investigation, hearing, and findings as expeditiously
318318 11 as the circumstances permit; and
319319 12 (2) deliver the findings to the parties and to the board.
320320 13 (i) The board, after receiving the findings and recommendations,
321321 14 may make additional findings and recommendations to the parties
322322 15 based on information in:
323323 16 (1) the report; or
324324 17 (2) the board's own possession.
325325 18 The board may not make any recommendations to the parties related to
326326 19 any items not specifically identified in IC 20-29-6-4.
327327 20 (j) At any time within five (5) days after the findings and
328328 21 recommendations are delivered to the board, the board may make the
329329 22 findings and recommendations of the factfinder and the board's
330330 23 additional findings and recommendations, if any, available to the
331331 24 public through news media and other means the board considers
332332 25 effective.
333333 26 (k) The board shall make the findings and recommendations
334334 27 described in subsection (j) available to the public not later than ten (10)
335335 28 days after the findings and recommendations are delivered to the board.
336336 29 SECTION 8. IC 20-40-2-2, AS AMENDED BY P.L.201-2023,
337337 30 SECTION 181, IS AMENDED TO READ AS FOLLOWS
338338 31 [EFFECTIVE JANUARY 1, 2026]: Sec. 2. (a) The governing body of
339339 32 each school corporation shall establish an education fund for the
340340 33 payment of expenses that are allocated to student instruction and
341341 34 learning under IC 20-42.5.
342342 35 (b) The governing body of a charter school that receives a
343343 36 distribution of revenue received from a tax levy under IC 20-46-8-11.2
344344 37 (before its repeal) shall establish an education fund for the payment
345345 38 of expenses that are allocated to student instruction and learning under
346346 39 IC 20-42.5.
347347 40 SECTION 9. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
348348 41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
349349 42 JANUARY 1, 2026]: Sec. 5. (a) Money in the fund may be used for any
350350 2025 IN 336—LS 6781/DI 110 9
351351 1 lawful school expenses, including making a transfer to the school
352352 2 corporation's education fund (IC 20-40-2) or operations fund (IC
353353 3 20-40-18).
354354 4 (b) Except as provided in IC 20-46-1-21, A school corporation may
355355 5 distribute proceeds of a tax levy collected under IC 20-46-1 that is
356356 6 transferred to the school corporation's education fund to a charter
357357 7 school, excluding a virtual charter school, that is located within the
358358 8 attendance area of the school corporation.
359359 9 SECTION 10. IC 20-40-18-1, AS AMENDED BY P.L.201-2023,
360360 10 SECTION 185, IS AMENDED TO READ AS FOLLOWS
361361 11 [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) The governing body of
362362 12 each school corporation shall create an operations fund to be used by
363363 13 the school corporation after December 31, 2018.
364364 14 (b) The governing body of each charter school that receives a
365365 15 distribution of revenue received from a tax levy under IC 20-46-8-11.2
366366 16 (before its repeal) shall create an operations fund to be used by the
367367 17 charter school after December 31, 2024.
368368 18 SECTION 11. IC 20-40-18-2, AS AMENDED BY P.L.201-2023,
369369 19 SECTION 186, IS AMENDED TO READ AS FOLLOWS
370370 20 [EFFECTIVE JANUARY 1, 2026]: Sec. 2. (a) The operations fund
371371 21 shall be used to deposit the following after December 31, 2018, in the
372372 22 case of a school corporation:
373373 23 (1) Revenue from the school corporation's operations fund
374374 24 property tax levy under IC 20-46-8.
375375 25 (2) The sum of the following excise tax revenue received for
376376 26 deposit in the fund in the calendar year in which the school year
377377 27 begins:
378378 28 (A) Financial institutions excise tax (IC 6-5.5).
379379 29 (B) Motor vehicle excise taxes (IC 6-6-5).
380380 30 (C) Commercial vehicle excise taxes (IC 6-6-5.5).
381381 31 (D) Boat excise tax (IC 6-6-11).
382382 32 (E) Aircraft license excise tax (IC 6-6-6.5).
383383 33 (3) Transfers from the education fund (IC 20-40-2) or the
384384 34 operating referendum tax levy fund (IC 20-40-3), if any.
385385 35 (4) Allocations of local income taxes to the school corporation
386386 36 under IC 6-3.6-6, if any.
387387 37 (b) The operations fund shall be used to deposit amounts distributed
388388 38 to the charter school under IC 20-46-8-11.2 (before its repeal) after
389389 39 December 31, 2024.
390390 40 SECTION 12. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023,
391391 41 SECTION 187, IS AMENDED TO READ AS FOLLOWS
392392 42 [EFFECTIVE JANUARY 1, 2026]: Sec. 10.5. (a) This section applies
393393 2025 IN 336—LS 6781/DI 110 10
394394 1 only to eligible charter schools that receive amounts distributed under
395395 2 IC 20-46-8-11.2 (before its repeal).
396396 3 (b) For purposes of this section, "charter board" means the
397397 4 governing body of the organizer (as defined in IC 20-24-1-7) of an
398398 5 eligible charter school.
399399 6 (c) The operations fund may be used only to do the following:
400400 7 (1) Carry out a capital projects plan under the following
401401 8 conditions:
402402 9 (A) The plan must include all proposed expenditures that
403403 10 exceed ten thousand dollars ($10,000) and are for:
404404 11 (i) capital assets; or
405405 12 (ii) projects that are considered capital in nature, including
406406 13 technology related projects.
407407 14 (B) If a charter school wants to use money in the operations
408408 15 fund during the year to pay for any items listed in clause (E)
409409 16 that are considered capital in nature, the charter board must
410410 17 approve a plan following a public hearing. The charter school
411411 18 shall post the proposed plan or proposed amended plan on the
412412 19 charter school's website before the hearing. The charter school
413413 20 shall submit the proposed capital projects plan to the
414414 21 department of local government finance's computer gateway
415415 22 at least ten (10) days before the public hearing. The
416416 23 department of local government finance shall make the
417417 24 proposed plan available at least ten (10) days before the
418418 25 hearing, through the department's computer gateway. If an
419419 26 amendment to a capital projects plan is proposed, the charter
420420 27 board must declare the nature of and need for the amendment
421421 28 in the plan amendment.
422422 29 (C) If a charter board adopts a plan under clause (B), the
423423 30 charter school must then submit the plan to the department of
424424 31 local government finance for inclusion on the department's
425425 32 computer gateway not later than thirty (30) days after adoption
426426 33 of the plan. The department of local government finance shall
427427 34 immediately make the proposed plan available through the
428428 35 gateway website.
429429 36 (D) This clause applies to an amendment to a plan that is
430430 37 required because of an emergency that results in costs that
431431 38 exceed the amount accumulated in the fund for repair,
432432 39 replacement, or site acquisition that is necessitated by an
433433 40 emergency. The charter board is not required to comply with
434434 41 clause (C). If the charter board determines that an emergency
435435 42 exists, the governing body may adopt an amendment to the
436436 2025 IN 336—LS 6781/DI 110 11
437437 1 plan. An amendment to a plan is not subject to the deadline
438438 2 and procedures for adoption of a plan described in this
439439 3 subdivision.
440440 4 (E) This clause sets forth an exclusive list of the expenditures
441441 5 that may be made from the operations fund under clause (B),
442442 6 as set forth in the charter board's plan or amended plan.
443443 7 Subject to the expenditures that are identified in the charter
444444 8 school's plan or amended plan, the operations fund shall be
445445 9 used for the following:
446446 10 (i) Site acquisition.
447447 11 (ii) Site development.
448448 12 (iii) Building acquisition, construction, replacement,
449449 13 renovation, remodeling, improvement, and maintenance,
450450 14 including building materials and employment services.
451451 15 (iv) Rental of real estate, buildings, facilities, and
452452 16 equipment.
453453 17 (v) To repair and replace buildings and to repair and replace
454454 18 building fixtures that are owned or leased by the charter
455455 19 school and of a type constituting loss capable of being
456456 20 covered by casualty insurance.
457457 21 (vi) Purchase, lease, repair, or maintenance of equipment,
458458 22 including maintenance vehicles to be used by the charter
459459 23 school. However, the fund may not be used to pay for the
460460 24 purchase, lease, repair, or maintenance of vehicles that are
461461 25 not maintenance vehicles, or equipment to be used primarily
462462 26 for interscholastic or extracurricular activities.
463463 27 (vii) Service contracts for janitorial and custodial services,
464464 28 maintenance services, snow and ice removal services, trash
465465 29 removal services, mowing and lawn care services, pest
466466 30 control services, and any other routine services normally
467467 31 required in the maintenance or upkeep of charter school
468468 32 facilities.
469469 33 (viii) Repair, replacement, or site acquisition that is
470470 34 necessitated by an emergency.
471471 35 (ix) Construction, repair, replacement, remodeling, or
472472 36 maintenance of a school sports facility.
473473 37 (x) Utilities.
474474 38 (xi) Property and casualty insurance.
475475 39 (xii) Purchase, lease, upgrade, maintenance, or repair
476476 40 technology that will not be allocated to student instruction
477477 41 and learning, to include computer hardware, computer
478478 42 software, wiring and computer networks, and
479479 2025 IN 336—LS 6781/DI 110 12
480480 1 communication access systems used to connect with
481481 2 computer networks or electronic gateways; services of
482482 3 full-time or part-time computer maintenance employees;
483483 4 conducting nonrecurring inservice technology training of
484484 5 school employees; implementing the technology preparation
485485 6 curriculum; participating in a program to provide
486486 7 educational technologies, including computers in the homes
487487 8 of students (commonly referred to as "the buddy system
488488 9 project") under IC 20-20-13-6, the 4R's technology program,
489489 10 or any other program under the educational technology
490490 11 program described in IC 20-20-13; and obtaining any
491491 12 combination of equipment or services in the preceding two
492492 13 (2) categories of this item.
493493 14 (xiii) Services of charter school employees who perform
494494 15 services considered to be a skilled trade by the United States
495495 16 Department of Labor, Employment and Training
496496 17 Administration. For purposes of this item, skilled trade
497497 18 services do not include janitorial or comparable routine
498498 19 services normally provided in the daily operation of school
499499 20 facilities or equipment. Payment may be made for employee
500500 21 services only if the employees perform construction of,
501501 22 renovation of, remodeling of, repair of, or maintenance on
502502 23 the facilities and equipment of the charter school.
503503 24 (2) Pay transportation costs under the following conditions:
504504 25 (A) A charter school shall use the operations fund to pay the
505505 26 transportation costs attributable to transportation of school
506506 27 children as specified in clause (B).
507507 28 (B) Only the following costs are payable from the fund:
508508 29 (i) Salaries paid to bus drivers, transportation supervisors,
509509 30 mechanics and garage employees, clerks, and other
510510 31 transportation related employees.
511511 32 (ii) Contracted transportation services.
512512 33 (iii) Wages of independent contractors.
513513 34 (iv) Contracts with common carriers.
514514 35 (v) Student fares.
515515 36 (vi) Transportation related insurance.
516516 37 (vii) Other expenses of operating the school corporation's
517517 38 transportation service, including gasoline, lubricants, tires,
518518 39 repairs, contracted repairs, parts, supplies, equipment, and
519519 40 other related expenses.
520520 41 (C) Percentages or parts of salaries of teaching personnel or
521521 42 principals are not attributable to transportation. However, parts
522522 2025 IN 336—LS 6781/DI 110 13
523523 1 of salaries of instructional aides who are assigned to assist
524524 2 with the school transportation program are attributable to
525525 3 transportation. The costs described in this clause (other than
526526 4 instructional aide costs) may not be budgeted for payment or
527527 5 paid from the fund.
528528 6 (D) Costs for a calendar year are those costs attributable to
529529 7 transportation for students during the school year ending in the
530530 8 calendar year.
531531 9 (3) Carry out a school bus replacement plan approved by the
532532 10 charter school board under the following conditions:
533533 11 (A) Before a charter school may use money in the operations
534534 12 fund for replacing school buses, a resolution approving the
535535 13 school bus replacement plan or amended plan must be
536536 14 submitted to the department of local government finance.
537537 15 (B) The department of local government finance shall
538538 16 prescribe the format of the plan. A plan must apply to at least
539539 17 the five (5) budget years immediately following the year the
540540 18 plan is adopted and include at least an estimate for each year
541541 19 to which it applies of the nature and amount of proposed
542542 20 expenditures from the fund, and if the school corporation is
543543 21 seeking to acquire or contract for transportation services that
544544 22 will provide additional school buses or school buses with a
545545 23 larger seating capacity as compared with the number and type
546546 24 of school buses from the prior school year, evidence of a
547547 25 demand for increased transportation services within the school
548548 26 corporation. However, the evidence requirement regarding a
549549 27 contract for transportation services does not apply if contracted
550550 28 transportation services are not paid from the fund.
551551 29 (C) If the charter school is seeking to require a contractor to
552552 30 replace a school bus, evidence that the need exists for the
553553 31 replacement of the school bus. This clause does not apply if
554554 32 contracted transportation services are not paid from the
555555 33 operations fund.
556556 34 (D) Evidence that the charter school that seeks to acquire
557557 35 additional school buses under this subdivision is acquiring or
558558 36 contracting for the school buses only for the purposes
559559 37 specified in clause (B) or for replacement purposes.
560560 38 (E) If a charter school wants to use money in the operations
561561 39 fund during the year to pay for school bus replacement, the
562562 40 governing body must adopt a resolution approving the bus
563563 41 replacement plan or amended plan. The charter school shall
564564 42 post the proposed plan or proposed amended plan on the
565565 2025 IN 336—LS 6781/DI 110 14
566566 1 charter school's website before the hearing. The governing
567567 2 body must hold a hearing on the adoption of the plan. The
568568 3 charter school shall submit the proposed school bus
569569 4 replacement plan or amended plan to the department of local
570570 5 government finance's computer gateway at least ten (10) days
571571 6 before the hearing on the adoption of the plan. The department
572572 7 of local government finance shall make the proposed plan
573573 8 available to taxpayers, at least ten (10) days before the hearing,
574574 9 through the department's computer gateway. If an amendment
575575 10 to a bus replacement plan is being proposed, the charter school
576576 11 must declare the nature of and the need for the amendment in
577577 12 the resolution to adopt the amendment to the plan.
578578 13 (4) Pay expenses that are allocated to overhead and operational
579579 14 expenditures.
580580 15 (5) Establish, maintain, and equip a public playground.
581581 16 SECTION 13. IC 20-40-20-6, AS AMENDED BY P.L.189-2023,
582582 17 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
583583 18 JANUARY 1, 2026]: Sec. 6. (a) Subject to subsections (c) and (d),
584584 19 money in the fund may be used only for the following purposes:
585585 20 (1) To employ or compensate a school resource officer or school
586586 21 resource officers.
587587 22 (2) To establish or fund a school safety office.
588588 23 (3) To conduct a threat assessment of a school building.
589589 24 (4) To create or update a school safety plan.
590590 25 (5) To develop or update school emergency response systems.
591591 26 (6) To purchase equipment to improve the safety of a school
592592 27 building, school grounds, or school buses.
593593 28 (7) To pay capital expenses to improve the safety of a school
594594 29 building.
595595 30 (8) To establish and administer programs to address youth
596596 31 specific mental illness, addiction, anger management, bullying,
597597 32 and school violence.
598598 33 (9) To develop and administer professional development
599599 34 programs for teachers, administrators, and other school employees
600600 35 designed to improve school safety and reduce violence.
601601 36 (b) Except as provided in IC 20-46-9-22, A school corporation may
602602 37 distribute, with the approval of the majority of members of the
603603 38 governing body, a portion of the proceeds of a tax levy collected under
604604 39 IC 20-46-9 that is deposited in the fund to a charter school, excluding
605605 40 a virtual charter school, that is located within the attendance area of the
606606 41 school corporation, to be used by the charter school for the purposes
607607 42 described in subsection (a).
608608 2025 IN 336—LS 6781/DI 110 15
609609 1 (c) Expenditures paid using money collected from the levy shall be
610610 2 included in a school's safety plan.
611611 3 (d) Local law enforcement shall participate in:
612612 4 (1) development of a school safety plan;
613613 5 (2) development or updates to school emergency response
614614 6 systems; and
615615 7 (3) determination of capital expenses that would improve the
616616 8 safety of a school building.
617617 9 (e) Money in the fund may be transferred to the school corporation's
618618 10 education fund (IC 20-40-2), operations fund (IC 20-40-18), or school
619619 11 safety referendum debt service fund (IC 20-40-21), as applicable, to
620620 12 pay for expenditures listed in subsection (a).
621621 13 SECTION 14. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
622622 14 SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10,
623623 15 AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS
624624 16 AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE
625625 17 2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED
626626 18 TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 8.
627627 19 (a) Subject to subsections (c), (d), and (e) (f), and (g) and this chapter,
628628 20 the governing body of a school corporation may adopt a resolution to
629629 21 place a referendum under this chapter on the ballot for any of the
630630 22 following purposes:
631631 23 (1) The governing body of the school corporation determines that
632632 24 it cannot, in a calendar year, carry out its public educational duty
633633 25 unless it imposes a referendum tax levy under this chapter.
634634 26 (2) The governing body of the school corporation determines that
635635 27 a referendum tax levy under this chapter should be imposed to
636636 28 replace property tax revenue that the school corporation will not
637637 29 receive because of the application of the credit under
638638 30 IC 6-1.1-20.6.
639639 31 (3) Except for resolutions described in subsection (b), The
640640 32 governing body makes the determination required under
641641 33 subdivision (1) or (2) and determines to share a portion of the
642642 34 referendum proceeds with a charter school, excluding a virtual
643643 35 charter school, in the manner prescribed in subsection (e). (d).
644644 36 (b) A resolution for a referendum for a county described in section
645645 37 21 of this chapter that is adopted after May 10, 2023, shall specify that
646646 38 a portion of the proceeds collected from the proposed levy will be
647647 39 distributed to applicable charter schools in the manner described under
648648 40 section 21 of this chapter.
649649 41 (c) (b) The governing body of the school corporation shall certify a
650650 42 copy of the resolution to place a referendum on the ballot to the
651651 2025 IN 336—LS 6781/DI 110 16
652652 1 following:
653653 2 (1) The department of local government finance, including:
654654 3 (A) the language for the question required by section 10 of this
655655 4 chapter, or in the case of a resolution to extend a referendum
656656 5 levy certified to the department of local government finance
657657 6 after March 15, 2016, section 10.1 of this chapter; and
658658 7 (B) a copy of the revenue spending plan adopted under
659659 8 subsection (g). (e).
660660 9 The language of the public question must include the estimated
661661 10 average percentage increases certified by the county auditor under
662662 11 section 10(e) or 10.1(f) of this chapter, as applicable. The
663663 12 governing body of the school corporation shall also provide the
664664 13 county auditor's certification described in section 10(e) or 10.1(f)
665665 14 of this chapter, as applicable. The department of local government
666666 15 finance shall post the values certified by the county auditor to the
667667 16 department's website. The department shall review the language
668668 17 for compliance with section 10 or 10.1 of this chapter, whichever
669669 18 is applicable, and either approve or reject the language. The
670670 19 department shall send its decision to the governing body of the
671671 20 school corporation not more than ten (10) days after both the
672672 21 certification of the county auditor described in section 10(e) or
673673 22 10.1(f) of this chapter, as applicable, and the resolution is are
674674 23 submitted to the department. If the language is approved, the
675675 24 governing body of the school corporation shall certify a copy of
676676 25 the resolution, including the language for the question and the
677677 26 department's approval.
678678 27 (2) The county fiscal body of each county in which the school
679679 28 corporation is located (for informational purposes only).
680680 29 (3) The circuit court clerk of each county in which the school
681681 30 corporation is located.
682682 31 (d) (c) If a school safety referendum tax levy under IC 20-46-9 has
683683 32 been approved by the voters in a school corporation at any time in the
684684 33 previous three (3) years, the school corporation may not:
685685 34 (1) adopt a resolution to place a referendum under this chapter on
686686 35 the ballot; or
687687 36 (2) otherwise place a referendum under this chapter on the ballot.
688688 37 (e) Except as provided in section 21 of this chapter, (d) The
689689 38 resolution described in subsection (a) must indicate whether proceeds
690690 39 in the school corporation's education fund collected from a tax levy
691691 40 under this chapter will be used to provide a distribution to a charter
692692 41 school or charter schools, excluding a virtual charter school, under
693693 42 IC 20-40-3-5 as well as the amount that will be distributed to the
694694 2025 IN 336—LS 6781/DI 110 17
695695 1 particular charter school or charter schools. A school corporation may
696696 2 request from the designated charter school or charter schools any
697697 3 financial documentation necessary to demonstrate the financial need of
698698 4 the charter school or charter schools. Distribution to a charter school
699699 5 of proceeds from a referendum held before May 10, 2023, does not
700700 6 provide exemption from this chapter.
701701 7 (f) This subsection applies to a resolution described in subsection
702702 8 (a) for a county described in section 21(a) of this chapter that is
703703 9 adopted after May 10, 2023. The resolution described in subsection (a)
704704 10 shall include a projection of the amount that the school corporation
705705 11 expects to be distributed to a particular charter school, excluding
706706 12 virtual charter schools or adult high schools, under section 21 of this
707707 13 chapter if the charter school voluntarily elects to participate in the
708708 14 referendum in the manner described in subsection (i). At least sixty
709709 15 (60) days before the resolution described in subsection (a) is voted on
710710 16 by the governing body, the school corporation shall contact the
711711 17 department to determine the number of students in kindergarten
712712 18 through grade 12 who have legal settlement in the school corporation
713713 19 but attend a charter school, excluding virtual charter schools or adult
714714 20 high schools, and who receive not more than fifty percent (50%) virtual
715715 21 instruction. The department shall provide the school corporation with
716716 22 the number of students with legal settlement in the school corporation
717717 23 who attend a charter school and who receive not more than fifty percent
718718 24 (50%) virtual instruction, which shall be disaggregated for each
719719 25 particular charter school, excluding a virtual charter school or adult
720720 26 high school. The projection may include an expected increase in
721721 27 charter schools during the term the levy is imposed under this chapter.
722722 28 The department of local government finance shall prescribe the manner
723723 29 in which the projection shall be calculated. The governing body shall
724724 30 take into consideration the projection when adopting the revenue
725725 31 spending plan under subsection (g).
726726 32 (g) (e) As part of the resolution described in subsection (a), the
727727 33 governing body of the school corporation shall adopt a revenue
728728 34 spending plan for the proposed referendum tax levy that includes:
729729 35 (1) an estimate of the amount of annual revenue expected to be
730730 36 collected if a levy is imposed under this chapter;
731731 37 (2) the specific purposes for which the revenue collected from a
732732 38 levy imposed under this chapter will be used; and
733733 39 (3) an estimate of the annual dollar amounts that will be expended
734734 40 for each purpose described in subdivision (2). and
735735 41 (4) for a resolution for a referendum that is adopted after May 10,
736736 42 2023, for a county described in section 21(a) of this chapter, the
737737 2025 IN 336—LS 6781/DI 110 18
738738 1 projected revenue that shall be distributed to charter schools as
739739 2 provided in subsections (f) and (i). The revenue spending plan
740740 3 shall also take into consideration deviations in the proposed
741741 4 revenue spending plan if the actual charter school distributions
742742 5 exceed or are lower than the projected charter school distributions
743743 6 described in subsection (f). The resolution shall include for each
744744 7 charter school that elects to participate under subsection (i)
745745 8 information described in subdivisions (1) through (3).
746746 9 (h) (f) A school corporation shall specify in its proposed budget the
747747 10 school corporation's revenue spending plan adopted under subsection
748748 11 (g) (e) and annually present the revenue spending plan at its public
749749 12 hearing on the proposed budget under IC 6-1.1-17-3.
750750 13 (i) This subsection applies to a resolution described in subsection
751751 14 (a) for a county described in section 21(a) of this chapter that is
752752 15 adopted after May 10, 2023. At least forty-five (45) days before the
753753 16 resolution described in subsection (a) is voted on by the governing
754754 17 body, the school corporation shall contact each charter school,
755755 18 excluding virtual charter schools or adult high schools, disclosed by the
756756 19 department to the school corporation under subsection (f) to determine
757757 20 whether the charter school will participate in the referendum. The
758758 21 notice must include the total amount of the school corporation's
759759 22 expected need, the corresponding estimate for that amount divided by
760760 23 the number of students enrolled in the school corporation, and the date
761761 24 on which the governing body of the school corporation will vote on the
762762 25 resolution. The charter school must respond in writing to the school
763763 26 corporation, which may be by electronic mail addressed to the
764764 27 superintendent of the school corporation, at least fifteen (15) days
765765 28 prior to the date that the resolution described in subsection (a) is to be
766766 29 voted on by the governing body. If the charter school elects to not
767767 30 participate in the referendum, the school corporation may exclude
768768 31 distributions to the charter school under section 21 of this chapter and
769769 32 from the projection described in subsection (f). If the charter school
770770 33 elects to participate in the referendum, the charter school may receive
771771 34 distributions under section 21 of this chapter and must be included in
772772 35 the projection described in subsection (f). In addition, a charter school
773773 36 that elects to participate in the referendum under this subsection shall
774774 37 contribute a proportionate share of the cost to conduct the referendum
775775 38 based on the total combined ADM of the school corporation and any
776776 39 participating charter schools.
777777 40 (j) This subsection applies to a resolution described in subsection
778778 41 (a) for a county described in section 21(a) of this chapter that is
779779 42 adopted after May 10, 2023. At least thirty (30) days before the
780780 2025 IN 336—LS 6781/DI 110 19
781781 1 resolution described in subsection (a) referendum submitted to the
782782 2 voters under this chapter is voted on by the governing body, public in
783783 3 a primary or general election, the school corporation that is pursuing
784784 4 the resolution referendum and any charter school that has elected to
785785 5 participate under subsection (i) shall post a referendum disclosure
786786 6 statement on each school's respective website that contains the
787787 7 following information:
788788 8 (1) The salaries of all employees employed by position within the
789789 9 school corporation or charter school listed from highest salary to
790790 10 lowest salary and a link to Gateway Indiana for access to
791791 11 individual salaries.
792792 12 (2) An acknowledgment that the school corporation or charter
793793 13 school is not committing any crime described in IC 35-44.1-1.
794794 14 (3) A link to the school corporation's or charter school's most
795795 15 recent state board of accounts audit on the state board of accounts'
796796 16 website.
797797 17 (4) The current enrollment of the school corporation or charter
798798 18 school disaggregated by student group and race.
799799 19 (5) The school corporation's or charter school's high school
800800 20 graduation rate.
801801 21 (6) The school corporation's or charter school's annual retention
802802 22 rate for teachers for the previous five (5) years.
803803 23 SECTION 15. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
804804 24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
805805 25 JANUARY 1, 2026]: Sec. 8.5. (a) A resolution to extend a referendum
806806 26 levy must be:
807807 27 (1) adopted by the governing body of a school corporation; and
808808 28 (2) approved in a referendum under this chapter;
809809 29 before December 31 of the final calendar year in which the school
810810 30 corporation's previously approved referendum levy is imposed under
811811 31 this chapter.
812812 32 (b) For a resolution adopted under this section after May 10, 2023,
813813 33 for a county described in section 21(a) of this chapter, the resolution
814814 34 must include the projected charter school distributions described in
815815 35 section 8(f) of this chapter and indicate the distributions to applicable
816816 36 charter schools in accordance with section 21 of this chapter.
817817 37 SECTION 16. IC 20-46-1-19.5, AS AMENDED BY P.L.189-2023,
818818 38 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
819819 39 JANUARY 1, 2026]: Sec. 19.5. (a) Subject to section 8(d) 8(c) of this
820820 40 chapter, if a referendum is approved by the voters in a school
821821 41 corporation under this chapter in a calendar year, another referendum
822822 42 may not be placed on the ballot in the school corporation under this
823823 2025 IN 336—LS 6781/DI 110 20
824824 1 chapter in the following calendar year.
825825 2 (b) Notwithstanding any other provision of this chapter and in
826826 3 addition to the restriction specified in subsection (a), if a school
827827 4 corporation imposes in a calendar year a referendum levy approved in
828828 5 a referendum under this chapter, the school corporation may not
829829 6 simultaneously impose in that calendar year more than one (1)
830830 7 additional referendum levy approved in a subsequent referendum under
831831 8 this chapter.
832832 9 SECTION 17. IC 20-46-1-21 IS REPEALED [EFFECTIVE
833833 10 JANUARY 1, 2026]. Sec. 21. (a) This section applies to revenue
834834 11 received from a resolution that is approved by the governing body to
835835 12 impose a referendum levy under section 8 or 8.5 of this chapter after
836836 13 May 10, 2023, for a school corporation located in:
837837 14 (1) Lake County;
838838 15 (2) Marion County;
839839 16 (3) St. Joseph County; or
840840 17 (4) Vanderburgh County.
841841 18 (b) The county auditor in which the school corporation is located
842842 19 shall distribute an amount under subsection (d) to each charter school,
843843 20 excluding virtual charter schools or adult high schools, that a student
844844 21 who resides within the attendance area of the school corporation
845845 22 attends if the charter school elects to participate in the referendum
846846 23 under section 8(i) of this chapter. The department shall provide the
847847 24 county auditor with data and information necessary for the county
848848 25 auditor to determine:
849849 26 (1) which charter schools are eligible to receive a distribution
850850 27 under this section; and
851851 28 (2) the number of students who reside within the attendance area
852852 29 of the school corporation who are included in the ADM for each
853853 30 charter school, excluding virtual charter schools or adult high
854854 31 schools, described in subdivision (1).
855855 32 (c) The following schools are not eligible to receive a distribution
856856 33 under this section:
857857 34 (1) A virtual charter school.
858858 35 (2) An adult high school.
859859 36 (d) For the purposes of the calculations made in this subsection,
860860 37 each eligible school that has entered into an agreement with a school
861861 38 corporation to participate as a participating innovation network charter
862862 39 school under IC 20-25.7-5 is considered to have an ADM that is
863863 40 separate from the school corporation. The amount that the county
864864 41 auditor shall distribute to a charter school, excluding virtual charter
865865 42 schools or adult high schools, under this section is the amount
866866 2025 IN 336—LS 6781/DI 110 21
867867 1 determined in the last STEP of the following STEPS:
868868 2 STEP ONE: Determine, for each charter school, excluding virtual
869869 3 charter schools or adult high schools, that is eligible to receive a
870870 4 distribution under this section, the number of students who reside
871871 5 within the attendance area of the school corporation who are
872872 6 currently included in the ADM of the charter school.
873873 7 STEP TWO: Determine the sum of:
874874 8 (A) the current ADM count for the school corporation; plus
875875 9 (B) total number of all students who reside within the
876876 10 attendance area of the school corporation who are currently
877877 11 included in the ADM of a charter school, excluding virtual
878878 12 charter schools or adult high schools.
879879 13 STEP THREE: Determine the result of:
880880 14 (A) the STEP ONE amount; divided by
881881 15 (B) the STEP TWO amount.
882882 16 STEP FOUR: Determine the result of:
883883 17 (A) the STEP THREE amount; multiplied by
884884 18 (B) the amount collected by the county auditor during the most
885885 19 recent installment period.
886886 20 SECTION 18. IC 20-46-8-11.2 IS REPEALED [EFFECTIVE
887887 21 JANUARY 1, 2026]. Sec. 11.2. (a) This section applies only to revenue
888888 22 collected after June 30, 2024, from a tax levy imposed under this
889889 23 chapter by a school corporation located in:
890890 24 (1) Lake County;
891891 25 (2) Marion County;
892892 26 (3) St. Joseph County; or
893893 27 (4) Vanderburgh County.
894894 28 However, this section does not apply to, and distributions are not
895895 29 required for, a school corporation that is designated as a distressed
896896 30 political subdivision under IC 6-1.1-20.3.
897897 31 (b) Beginning in calendar year 2025, and each year thereafter, and
898898 32 subject to subsections (c) and (h), the county auditor shall distribute,
899899 33 as provided under subsection (f), an amount of revenue received from
900900 34 a tax levy imposed by a school corporation under this chapter to each
901901 35 charter school that is eligible for a distribution under subsection (d) and
902902 36 as set forth in subsection (f).
903903 37 (c) The following schools are not eligible to receive a distribution
904904 38 under this section:
905905 39 (1) A virtual charter school.
906906 40 (2) An adult high school.
907907 41 (d) Not later than thirty (30) days before the date that the county
908908 42 auditor distributes money for a school corporation's operations fund (IC
909909 2025 IN 336—LS 6781/DI 110 22
910910 1 20-40-18) under IC 6-1.1-27, the department, in consultation with the
911911 2 department of local government finance, shall determine the
912912 3 corresponding percentages of revenue received from the tax levy that
913913 4 must be distributed among the school corporation and each eligible
914914 5 charter school according to the following formula:
915915 6 STEP ONE: Determine each charter school that:
916916 7 (A) is located in the same county as the school corporation;
917917 8 and
918918 9 (B) provides not more than fifty percent (50%) virtual
919919 10 instruction for its students.
920920 11 STEP TWO: Determine, for each charter school described in
921921 12 STEP ONE, the number of students who:
922922 13 (A) have legal settlement within the school corporation;
923923 14 (B) are currently included in the fall ADM for the charter
924924 15 school; and
925925 16 (C) receive not more than fifty percent (50%) virtual
926926 17 instruction.
927927 18 STEP THREE: Determine the sum of:
928928 19 (A) the aggregate of the STEP TWO results for all applicable
929929 20 charter schools; plus
930930 21 (B) the fall ADM count for the school corporation for students
931931 22 receiving not more than fifty percent (50%) virtual instruction.
932932 23 STEP FOUR: For each charter school described in STEP ONE,
933933 24 determine the result of:
934934 25 (A) the applicable STEP TWO amount; divided by
935935 26 (B) the STEP THREE amount;
936936 27 expressed as a percentage.
937937 28 STEP FIVE: Determine the sum of all the amounts computed
938938 29 under STEP FOUR and subtract the result from one hundred
939939 30 percent (100%).
940940 31 (e) The department shall provide to the county auditor, immediately
941941 32 after calculation under subsection (d), and in the form prescribed by the
942942 33 county auditor:
943943 34 (1) each charter school determined under STEP ONE of
944944 35 subsection (d) and the charter school's corresponding percentage
945945 36 calculated under STEP FOUR of subsection (d); and
946946 37 (2) the percentage calculated under STEP FIVE of subsection (d)
947947 38 for the school corporation.
948948 39 (f) The county auditor shall distribute to the school corporation and
949949 40 each applicable charter school the amount determined in the last STEP
950950 41 of the following STEPS:
951951 42 STEP ONE: For each school corporation, determine a base
952952 2025 IN 336—LS 6781/DI 110 23
953953 1 property tax levy amount calculated as:
954954 2 (A) the sum of the school corporation's operations fund
955955 3 property tax levies collected under this chapter in calendar
956956 4 years 2021, 2022, and 2023; divided by
957957 5 (B) three (3).
958958 6 STEP TWO: For each school corporation, determine an
959959 7 incremental property tax levy amount calculated as:
960960 8 (A) the school corporation's operations fund property tax levy
961961 9 collections for the current calendar year; minus
962962 10 (B) the school corporation's base property tax levy collections
963963 11 determined under STEP ONE.
964964 12 STEP THREE: For the school corporation and each applicable
965965 13 charter school, determine the result of:
966966 14 (A) the incremental amount determined under STEP TWO;
967967 15 multiplied by
968968 16 (B) the following percentage:
969969 17 (i) In the case of an applicable charter school, the charter
970970 18 school's percentage under STEP FOUR of subsection (d).
971971 19 (ii) In the case of the school corporation, the school
972972 20 corporation's percentage under STEP FIVE of subsection
973973 21 (d).
974974 22 (g) Before October 1, 2024, and before October 1 of each year
975975 23 thereafter, the department shall provide to each school corporation and
976976 24 each eligible charter school an estimate of the amount of property tax
977977 25 levy revenue the school corporation and charter school are expected to
978978 26 receive under this section.
979979 27 (h) In order to receive a distribution under this section, the
980980 28 governing body of an eligible charter school shall, before November 1,
981981 29 2024, and before November 1 of each year thereafter, adopt a budget
982982 30 for the school year. Not later than ten (10) days before its adoption, the
983983 31 budget must be fixed and presented to the charter board in a public
984984 32 meeting in the county in which the charter school is incorporated. A
985985 33 budget that is adopted under this subsection must be submitted to the
986986 34 charter authorizer for review and to the department of local government
987987 35 finance to be posted publicly on the computer gateway under
988988 36 IC 6-1.1-17-3.
989989 37 (i) Before April 1, 2025, and before April 1 of each year thereafter,
990990 38 the county auditor shall provide each school corporation and each
991991 39 eligible charter school the actual amount of property tax levy revenue
992992 40 the school corporation and charter school are expected to receive under
993993 41 this section.
994994 42 SECTION 19. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
995995 2025 IN 336—LS 6781/DI 110 24
996996 1 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
997997 2 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
998998 3 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
999999 4 AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1,
10001000 5 2026]: Sec. 6. (a) Subject to this chapter, the governing body of a
10011001 6 school corporation may adopt a resolution to place a referendum under
10021002 7 this chapter on the ballot if the governing body of the school
10031003 8 corporation determines that a referendum levy should be imposed for
10041004 9 measures to improve school safety as described in IC 20-40-20-6(a) or
10051005 10 IC 20-40-20-6(b).
10061006 11 (b) Except as provided in section 22 of this chapter, A school
10071007 12 corporation may, with the approval of the majority of members of the
10081008 13 governing body, distribute a portion of the proceeds of a tax levy
10091009 14 collected under this chapter that is deposited in the fund to a charter
10101010 15 school, excluding a virtual charter school, that is located within the
10111011 16 attendance area of the school corporation, to be used by the charter
10121012 17 school for the purposes described in IC 20-40-20-6(a).
10131013 18 (c) This subsection applies to a resolution described in subsection
10141014 19 (a) that is adopted after May 10, 2023, in a county described in section
10151015 20 22(a) of this chapter. A resolution shall specify that a portion of the
10161016 21 proceeds of the proposed levy will be distributed to applicable charter
10171017 22 schools in the manner described under section 22 of this chapter if the
10181018 23 charter school voluntarily elects to participate in the referendum in the
10191019 24 manner described in subsection (i).
10201020 25 (d) This subsection applies to a resolution described in subsection
10211021 26 (a) that is adopted after May 10, 2023, in a county described in section
10221022 27 22(a) of this chapter. The resolution described in subsection (a) shall
10231023 28 include a projection of the amount that the school corporation expects
10241024 29 to be distributed to a particular charter school, excluding virtual charter
10251025 30 schools or adult high schools, under section 22 of this chapter that
10261026 31 elects to participate in the referendum under subsection (i). At least
10271027 32 sixty (60) days before the resolution described in subsection (a) is
10281028 33 voted on by the governing body, the school corporation shall contact
10291029 34 the department to determine the number of students in kindergarten
10301030 35 through grade 12 who have legal settlement in the school corporation
10311031 36 but attend a charter school, excluding virtual charter schools or adult
10321032 37 high schools, and who receive not more than fifty percent (50%) virtual
10331033 38 instruction. The department shall provide the school corporation with
10341034 39 the number of students with legal settlement in the school corporation
10351035 40 who attend a charter school, which shall be disaggregated for each
10361036 41 particular charter school, excluding a virtual charter school or adult
10371037 42 high school. The projection may include an expected increase in
10381038 2025 IN 336—LS 6781/DI 110 25
10391039 1 charter schools during the term the levy is imposed. The department of
10401040 2 local government finance shall prescribe the manner in which the
10411041 3 projection shall be calculated. The governing body shall take into
10421042 4 consideration the projection when adopting the revenue spending plan
10431043 5 under subsection (g).
10441044 6 (e) (c) The governing body of the school corporation shall certify a
10451045 7 copy of the resolution to the following:
10461046 8 (1) The department of local government finance, including:
10471047 9 (A) the language for the question required by section 9 of this
10481048 10 chapter, or in the case of a resolution to extend a referendum
10491049 11 levy certified to the department of local government finance,
10501050 12 section 10 of this chapter; and
10511051 13 (B) a copy of the revenue spending plan adopted under
10521052 14 subsection (g). (e).
10531053 15 The language of the public question must include the estimated
10541054 16 average percentage increases certified by the county auditor under
10551055 17 section 9(d) or 10(f) of this chapter, as applicable. The governing
10561056 18 body of the school corporation shall also provide the county
10571057 19 auditor's certification described in section 9(d) or 10(f) of this
10581058 20 chapter, as applicable. The department of local government
10591059 21 finance shall post the values certified by the county auditor to the
10601060 22 department's website. The department shall review the language
10611061 23 for compliance with section 9 or 10 of this chapter, whichever is
10621062 24 applicable, and either approve or reject the language. The
10631063 25 department shall send its decision to the governing body of the
10641064 26 school corporation not more than ten (10) days after both the
10651065 27 certification of the county auditor described in section 9(d) or
10661066 28 10(f) of this chapter, as applicable, and the resolution is are
10671067 29 submitted to the department. If the language is approved, the
10681068 30 governing body of the school corporation shall certify a copy of
10691069 31 the resolution, including the language for the question and the
10701070 32 department's approval.
10711071 33 (2) The county fiscal body of each county in which the school
10721072 34 corporation is located (for informational purposes only).
10731073 35 (3) The circuit court clerk of each county in which the school
10741074 36 corporation is located.
10751075 37 (f) Except as provided in section 22 of this chapter, (d) The
10761076 38 resolution described in subsection (a) must indicate whether proceeds
10771077 39 in the school corporation's fund collected from a tax levy under this
10781078 40 chapter will be used to provide a distribution to a charter school or
10791079 41 charter schools, excluding a virtual charter school, under
10801080 42 IC 20-40-20-6(b) as well as the amount that will be distributed to the
10811081 2025 IN 336—LS 6781/DI 110 26
10821082 1 particular charter school or charter schools. A school corporation may
10831083 2 request from the designated charter school or charter schools any
10841084 3 financial documentation necessary to demonstrate the financial need of
10851085 4 the charter school or charter schools.
10861086 5 (g) (e) As part of the resolution described in subsection (a), the
10871087 6 governing body of the school corporation shall adopt a revenue
10881088 7 spending plan for the proposed referendum tax levy that includes:
10891089 8 (1) an estimate of the amount of annual revenue expected to be
10901090 9 collected if a levy is imposed under this chapter;
10911091 10 (2) the specific purposes described in IC 20-40-20-6 for which the
10921092 11 revenue collected from a levy imposed under this chapter will be
10931093 12 used; and
10941094 13 (3) an estimate of the annual dollar amounts that will be expended
10951095 14 for each purpose described in subdivision (2). and
10961096 15 (4) for a resolution for a referendum that is adopted after May 10,
10971097 16 2023, for a county described in section 22(a) of this chapter, the
10981098 17 projected revenue that shall be distributed to charter schools as
10991099 18 provided in subsection (d). The revenue spending plan shall also
11001100 19 take into consideration deviations in the proposed revenue
11011101 20 spending plan if the actual charter school distributions exceed or
11021102 21 are lower than the projected charter school distributions described
11031103 22 in subsection (d). The resolution shall include for each charter
11041104 23 school that elects to participate under subsection (i) information
11051105 24 described in subdivisions (1) through (3).
11061106 25 (h) (f) A school corporation shall specify in its proposed budget the
11071107 26 school corporation's revenue spending plan adopted under subsection
11081108 27 (g) (e) and annually present the revenue spending plan at its public
11091109 28 hearing on the proposed budget under IC 6-1.1-17-3.
11101110 29 (i) This subsection applies to a resolution described in subsection
11111111 30 (a) for a county described in section 22(a) of this chapter that is
11121112 31 adopted after May 10, 2023. At least forty-five (45) days before the
11131113 32 resolution described in subsection (a) is voted on by the governing
11141114 33 body, the school corporation shall contact each charter school,
11151115 34 excluding virtual charter schools or adult high schools, disclosed by the
11161116 35 department to the school corporation under subsection (f) to determine
11171117 36 whether the charter school will participate in the referendum. The
11181118 37 notice must include the total amount of the school corporation's
11191119 38 expected need, the corresponding estimate of that amount divided by
11201120 39 the number of students enrolled in the school corporation, and the date
11211121 40 on which the governing body of the school corporation will vote on the
11221122 41 resolution. The charter school must respond in writing to the school
11231123 42 corporation, which may be by electronic mail addressed to the
11241124 2025 IN 336—LS 6781/DI 110 27
11251125 1 superintendent of the school corporation, at least fifteen (15) days
11261126 2 prior to the date that the resolution described in subsection (a) is to be
11271127 3 voted on by the governing body. If the charter school elects to not
11281128 4 participate in the referendum, the school corporation may exclude
11291129 5 distributions to the charter school under section 22 of this chapter and
11301130 6 from the projection described in subsection (d). If the charter school
11311131 7 elects to participate in the referendum, the charter school may receive
11321132 8 distributions under section 22 of this chapter and must be included in
11331133 9 the projection described in subsection (d). In addition, a charter school
11341134 10 that elects to participate in the referendum under this subsection shall
11351135 11 contribute a proportionate share of the cost to conduct the referendum
11361136 12 based on the total combined ADM of the school corporation and any
11371137 13 participating charter schools.
11381138 14 (j) This subsection applies to a resolution described in subsection
11391139 15 (a) for a county described in section 22(a) of this chapter that is
11401140 16 adopted after May 10, 2023. At least thirty (30) days before the
11411141 17 resolution described in subsection (a) referendum submitted to the
11421142 18 voters under this chapter is voted on by the governing body, public in
11431143 19 a primary or general election, the school corporation that is pursuing
11441144 20 the resolution referendum and any charter school that has elected to
11451145 21 participate under subsection (i) shall post a referendum disclosure
11461146 22 statement on each school's respective website that contains the
11471147 23 following information:
11481148 24 (1) The salaries of all employees employed by position within the
11491149 25 school corporation or charter school listed from highest salary to
11501150 26 lowest salary and a link to Gateway Indiana for access to
11511151 27 individual salaries.
11521152 28 (2) An acknowledgment that the school corporation or charter
11531153 29 school is not committing any crime described in IC 35-44.1-1.
11541154 30 (3) A link to the school corporation's or charter school's most
11551155 31 recent state board of accounts audit on the state board of accounts'
11561156 32 website.
11571157 33 (4) The current enrollment of the school corporation or charter
11581158 34 school disaggregated by student group and race.
11591159 35 (5) The school corporation's or charter school's high school
11601160 36 graduation rate.
11611161 37 (6) The school corporation's or charter school's annual retention
11621162 38 rate for teachers for the previous five (5) years.
11631163 39 SECTION 20. IC 20-46-9-7, AS AMENDED BY P.L.189-2023,
11641164 40 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11651165 41 JANUARY 1, 2026]: Sec. 7. (a) A resolution to extend a referendum
11661166 42 levy must be:
11671167 2025 IN 336—LS 6781/DI 110 28
11681168 1 (1) adopted by the governing body of a school corporation; and
11691169 2 (2) approved in a referendum under this chapter;
11701170 3 before December 31 of the final calendar year in which the school
11711171 4 corporation's previously approved referendum levy is imposed under
11721172 5 this chapter.
11731173 6 (b) For a resolution adopted under this section after May 10, 2023,
11741174 7 for a county described in section 22(a) of this chapter, the resolution
11751175 8 must include the projected charter school distributions described in
11761176 9 section 6(d) of this chapter and indicate the distributions to applicable
11771177 10 charter schools in accordance with section 22 of this chapter.
11781178 11 SECTION 21. IC 20-46-9-22 IS REPEALED [EFFECTIVE
11791179 12 JANUARY 1, 2026]. Sec. 22. (a) This section applies to revenue
11801180 13 received from a resolution that is approved by the governing body to
11811181 14 impose a referendum levy under section 6 or 7 of this chapter after May
11821182 15 10, 2023, for a school corporation located in:
11831183 16 (1) Lake County;
11841184 17 (2) Marion County;
11851185 18 (3) St. Joseph County; or
11861186 19 (4) Vanderburgh County.
11871187 20 (b) The county auditor shall distribute an amount under subsection
11881188 21 (d) to each charter school, excluding virtual charter schools or adult
11891189 22 high schools, that a student who resides within the attendance area of
11901190 23 the school corporation attends if the charter school, excluding virtual
11911191 24 charter schools or adult high schools, elects to participate in the
11921192 25 referendum under section 6(i) of this chapter. The department shall
11931193 26 provide the county auditor with data and information necessary for the
11941194 27 county auditor to determine:
11951195 28 (1) which charter schools, excluding virtual charter schools or
11961196 29 adult high schools, are eligible to receive a distribution under this
11971197 30 section; and
11981198 31 (2) the number of all students who reside within the attendance
11991199 32 area of the school corporation who are included in the ADM for
12001200 33 each charter school, excluding virtual charter schools or adult
12011201 34 high schools, described in subdivision (1).
12021202 35 (c) The following schools are not eligible to receive a distribution
12031203 36 under this section:
12041204 37 (1) A virtual charter school.
12051205 38 (2) An adult high school.
12061206 39 (d) For the purposes of the calculations made in this subsection,
12071207 40 each eligible school that has entered into an agreement with a school
12081208 41 corporation to participate as a participating innovation network charter
12091209 42 school under IC 20-25.7-5 is considered to have an ADM that is
12101210 2025 IN 336—LS 6781/DI 110 29
12111211 1 separate from the school corporation. The amount that the county
12121212 2 auditor shall distribute to a charter school, excluding virtual charter
12131213 3 schools or adult high schools, under this section is the amount
12141214 4 determined in the last STEP of the following STEPS:
12151215 5 STEP ONE: Determine, for each charter school, excluding virtual
12161216 6 charter schools or adult high schools, that is eligible to receive a
12171217 7 distribution under this section, the number of students who reside
12181218 8 within the attendance area of the school corporation who are
12191219 9 currently included in the ADM of the charter school.
12201220 10 STEP TWO: Determine the sum of:
12211221 11 (A) the current ADM count for the school corporation; plus
12221222 12 (B) the total number of students who reside within the
12231223 13 attendance area of the school corporation who are currently
12241224 14 included in the ADM of a charter school, excluding virtual
12251225 15 charter schools or adult high schools.
12261226 16 STEP THREE: Determine the result of:
12271227 17 (A) the STEP ONE amount; divided by
12281228 18 (B) the STEP TWO amount.
12291229 19 STEP FOUR: Determine the result of:
12301230 20 (A) the STEP THREE amount; multiplied by
12311231 21 (B) the amount collected by the county auditor during the most
12321232 22 recent installment period.
12331233 23 (e) If a charter school receives a distribution under this section, the
12341234 24 distribution may be used only for the purposes described in
12351235 25 IC 20-40-20-6(a).
12361236 2025 IN 336—LS 6781/DI 110